Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. How do I get a Copyright?

Intellectual Property 52

Intellectual Property IP Invention Designs 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

MAY 13, 2024

The introduction and advancement of generative AI technology, which is capable of producing everything from research articles to realistic artworks, has brought a revolution in the field of creativity. This way of doing things with the help of generative AI technology carries numerous legal challenges of intellectual property violation.

Copyright 86

Copyright Intellectual Property Ownership Technology 86

Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement litigation is expensive and time consuming, many times individuals are not aware they are infringing on a trademark. Are NFTs (Non Fungible Tokens) Considered Intellectual Property? What is Intellectual Property? An NFT shows proof of ownership for a digital object.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

The IPKat

DECEMBER 14, 2023

The Regulations inter alia prohibit public performance, communication, reproduction or broadcasting of a work that is copyright-protected unless one is licensed to do so by the Copyright Office, or is authorised by the owner of the work or it is free to use in accordance with the Copyright Act.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

IPilogue

MARCH 16, 2022

On February 4, the Recording Industry Association of America (“RIAA”) sent a demand letter to HitPiece.com’s lawyer and its founders, demanding that it stops infringing music creators’ intellectual property rights. HitPiece.com was generating controversy prior to the demand letter, with several users calling it a scam NFT site.

Music 131

Music Non-Fungible Tokens Social Media IP 131

Kluwer Copyright Blog

JULY 20, 2022

Since the underlying asset in NFTs is primarily art, disputes in relation to NFTs bring up interesting questions pertaining to copyright law, the answers to which have the potential to shape the evolution and growth of NFTs as a medium to create, distribute and collect art. The communication to the public right.

Copyright 132

Copyright Copying Non-Fungible Tokens Copyright Law 132

IP Tech Blog

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. What is the intellectual property right that most suits NFTs? Ownership and Enforcement. Copyright Ownership.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

FEBRUARY 27, 2024

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI. The second prong of the test requires a showing of “copying” and “unlawful appropriation.”

Copying 52

Copying Artwork Ownership Copyright 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 122

Copyright Art Copyright Law Licensing 122

Copyright Lately

FEBRUARY 6, 2022

People probably aren’t aware, but Spotify just as an example, has been involved in dozens and dozens of rights disagreements with rightsholders, be it on not only songwriting but also the master rights and even also artwork rights. Rory Felton, “Business Builders – Boise” Podcast, January 24, 2022.

Music 93

Music Social Media Artwork Intellectual Property 93

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 94

Blogging Social Media Television Fair Use 94

Corsearch

NOVEMBER 15, 2022

NFTs have steadily grown in popularity over the last couple of years, challenging our perception of art, fashion, reality, possession, and intellectual property rights. However, there is a growing market of unauthorized NFTs, with creators simply lifting the intellectual property of brands, artists, and celebrities.

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

LexBlog IP

JANUARY 4, 2023

In this blog post we examine how copyright is leveraged to protect NFTs, both in the US and China, with a comparative approach that elucidates both the challenges and potential solutions. What is the intellectual property right that most suits NFTs? Ownership and Enforcement. Copyright Ownership.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Corsearch

AUGUST 2, 2023

Pinpoint the type of infringement on Amazon If you’ve found a counterfeit, it’s critical to cite the relevant intellectual property rights to Amazon. That’s because the platform’s actions will vary depending on the type of infringement.

Branding 52

Branding Brands Branding Reporting 52

43(B)log

JULY 20, 2022

Chiusa also has a registration for a brochure, stating that he created “text, photograph(s), [and] artwork on p.1” There’s a similar copyright registration for this site. Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

LexBlog IP

DECEMBER 7, 2022

Within hours, his work, Comedian , sold for $120,000, went viral, and became that year’s perhaps most discussed artwork. [2] 2] On January 4, 2021, pro se plaintiff Joe Morford filed a complaint in the Southern District of Florida claiming that Cattelan’s Comedian infringes Morford’s preexisting work, Banana & Orange. [3]

Copyright 52

Copyright Copying Artwork Art 52

LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. scholarship, or research” [2] and is evaluated through multiple factors. .”

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Although the copyright process is fairly inexpensive and simple, fashion companies should take extra care as to not be copyright infringers themselves.

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. One such area where copyright violations are common is the internet.

Non-Fungible Tokens 78

Non-Fungible Tokens Copyright Intellectual Property Ownership 78

Above the Fold

JULY 5, 2022

Just as every piece of artwork is unique, there is no “one size fits all” when it comes to protecting your fashion goods with intellectual property tools. Scenario 1: Protecting the Work by Copyright. Take, for example, a T shirt which features a painting, sculpture, or even graffiti. 1] 17 U.S.C. §

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IP and Legal Filings

SEPTEMBER 8, 2021

NFTs may be represented in the form of memes, artworks, or videos. The copyrights that subsist on an NFT are also governed with the help of a smart contract. In the NFT space, a buyer is granted ownership over a copy of a digital artifact. The NFT space also serves as a breeding ground for copyfraud and copyright infringement.

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. What is a Fair Use Defense to a Copyright Infringement Claim?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IIPRD

JANUARY 18, 2022

Recently, a new trend of merging of blockchain technology with creative intellectual property via non-fungible tokens (“NFTs”) had taken place. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IP Whiteboard

JUNE 7, 2021

And what role does intellectual property ( IP ) play in their creation and sale? This means that each time an NFT changes hands, the transaction is verified, adding a new record to the chain of ownership. NFTs have a variety of uses which extend far beyond digital artwork. But what are NFTs? We’re glad you asked.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40